(a) The arbitral tribunal may require any party to promptly disclose any material change in the circumstances on the basis of which the measure was requested or granted.
§ 1297.177.Disclosure
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 4. Jurisdiction of Arbitral Tribunals · Article 2. Interim Measures Ordered by Arbitral Tribunals · Enacted 1903 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.177 lets the tribunal require any party to promptly disclose a material change in the circumstances behind an interim measure, and imposes a continuing disclosure duty on a party seeking a preliminary order until the affected party has had a chance to respond.
Full Text of § 1297.177
(b) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitral tribunal's determination whether to grant or maintain the order, and such obligation shall continue until the party against whom the order has been requested has had an opportunity to present its case. Thereafter, subdivision (a) shall apply.
Plain-English Summary
Interim relief is granted based on the circumstances at the time, and this section keeps the tribunal informed if those circumstances shift. For an ordinary interim measure, the tribunal can require any party to promptly disclose a material change in the circumstances that led to the measure being requested or granted.
The party seeking a preliminary order carries a heavier and more immediate version of that duty. It has to disclose to the tribunal all circumstances likely to matter to whether the order should be granted or kept in place, and that obligation runs continuously until the party the order targets has had a chance to present its case. After that point, the general disclosure rule for interim measures takes over instead.
Frequently Asked Questions
Does a party have to update the tribunal if circumstances change after an interim measure is granted?
Yes -- the tribunal may require any party to promptly disclose a material change in the circumstances underlying the measure.
Is the disclosure duty stricter for a preliminary order?
Yes -- the applicant must disclose all circumstances likely to be relevant to the tribunal's determination, continuing until the affected party has had an opportunity to present its case.
Amendment History
Added by Stats 2024 ch 90 (AB 1903),s 15, eff. 1/1/2025.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: disclosure duty interim measure arbitration californiamaterial change circumstances preliminary order